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2000-239S \OUr OocummisW NloencMW~ZP-00.0P6 Ooc ORDINANCE NO 4W0-,A9V AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT 84 (PD-84) AND AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL (LI) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 30 ACRES OF LAND LOCATED EAST OF MASCH BRANCH ROAD AND APPROXIMATELY 600 FEET SOUTH OF UNIVERSITY DRIVE AND MASCH BRANCH INTERSECTION, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP-00-006) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Non-residential Regulations"), and WHEREAS, the Non-residential Interim Regulations established, among other things, a zoning plan requirement in the event of a request to rezone property, and WHEREAS, Joe Mulroy initiated a change in zoning for approximately 30 acres of land from Planned Development 84 (PD-84) and Agricultural (A) zoning district classifications and use designations to Light Industrial (LI) with conditions zoning district classification and use designation, and WHEREAS, on June 28, 2000, the Planning and Zoning Commission concluded a public hearing as required by law, after which a motion to recommend approval of the requested change in zoning was approved with conditions, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, if any, meets the requirements of the Non-residential Interim Regulations and is consistent with the approved, 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and use designation of the 30 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development 84 (PD-84) and Agricultural (A) zoning district classification and use designation to Light Industrial (LI) zoning district classification and use designation and the Zoning Plan attached hereto and incorporated herein as Exhibit "B" is hereby approved, subject to the following conditions 1 To limit traffic, the total floor area for the entire 30 acre tract shall not exceed 376,275 square feet, with a maximum of 125,425 square feet of floor area to be used for office and work space, Page 1 of 2 S w~, ooaumen~swmmmue~omZY 00o a and the remaining square footage to be utilized for warehouse and storage 2 Connectivity to adjacent properties to the east shall be considered and reviewed by staff prior the approval of a project plan 3 Lighting shall be designed and maintained as not to shine or disturb adjacent residential properties or right-of-way and project upward to prevent diffusion into the night sky SECTION 2 The City's official zoning map is amended to show the change in zoning district classification SECTION 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PISSED AND APPROVED this the A51 day ofi 12000 d7v,7k EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATT BY Page 2 of 2 EXHIBIT A FIELD NOTES to all that certain tract of land situated in the William Bryan Survey, Abstract Number 148, City of Denton, Denton County, Texas, and being all of the remainder of the called 20 366 acre tract as described in the Deed from William A. Crawford, Trustee to Joe B Evans et ux as recorded in Volume 795, Page 403, Deed Records, Denton County, Texas, and the called 10 00 acre tract as described in the Deed from Mohamed M About-Ela and wife, Jean W Aboul-Ela to Mohamed M Aboul-Ela and Jean E Aboul-Ela, Trustees for the Mohamed M Aboul-Ela and Jean E Aboul-Ela Revocable Trust, recorded in Volume 3338, Page 990, Deed Records, Denton County, Texas, and, the called 5 00 acre tract as described in the Deed from Consolidated Properties, a Texas General Partnershtp to Larry D Hemphill and wife, Elizabeth A Hemphill recorded in Volume 2058, Page 123, Deed Records, Denton Counry, Texas, the subject tract being more particularly described by metes and bounds as follows Beginning at the Southwest comer of the herein described tract, the Southwest corner of the said 5 0 acre tract on the West line of the said William Bryan Survey, Abstract No 148, THENCE North 00 degrees 44 nunutes 42 seconds East with the West line of the sad William Hemphill Survey, at a distance of 217 73 feet pass the Northwest comer of cle said 5 0 acre tract, at a distance of 887 32 pass the Northwest comer of the remamderof the said 20 366 acre tract, in all a total distance of 1323 80 feet to the Northwest cornetof the called 10.0 acre tract, THENCE South 88 degrees 53 minutes 49 seconds East with the North line of the aid 10 00 acre tract a distance of 1005 22 feet to the Northeast comer thereof, THENCE South 00 degrees 58 minutes 36 seconds West with the East line of the hsem described tract, at a distance of 440 88 feet pass the Southeast corner of the said '0 00 acre tract, at a distance of 1106 46 feet pass the Southeast comer of the rema rich the said 20 366 acre tract, in all, a total distance of 1323 80 feet to the Southeast comer of the said 5 0 acre tract, THENCE North 88 degrees 53 minutes 49 seconds West with the South line of tie said 5 0 acre treat a distance of 1022 53 feet to the PLACE OF BEGINNING EXHIBIT B d 3 7 o a~v~ pgpg p~ i G be i iioRye n Hxw omrroz NJvdI9Wsnpul podnv 11 yg' { _ 6Y L1 I ~ry - ~Yvpp $ jii~ R1yS '1 M / Il~f l ''~en{!, o , Ir. 6~ S dE8~P~9gg 10 101, S a I''~~p III'sN~lI }~d~Y eA Y~ t 9 Y 7 ne•v i m x d~~ tig a a I Y j a m tl_a R ~ t 9 4 \ R 1 A I i 1j ~jN pa~p'~ i f 11 [z ; U i a i1 ,r 1 ~J Y { Nap as a«~ i N R i ijwawa ' j i S(! ~~i; ~Rt {Mir ~[Yarl ~ ~ }1 ~jr 164e1 1°~{'~{ `arr jljlaN a~ f I~ iiii I~psR!f{!}iNl a 1fll~l fad fill 1 !1=111 if ! !a Ni 1!14{(1!{{11i,1 r i a 1 I ®g { I 0i J 1 N I ~ 8 I a A I I ~ ~ D Y I ~ - of Oss s n~9A~HUA11993 AINO f 9y9p;1 ~ Safa 711